SUMMARY SHEET. Fees Previously Requested $223, Name of Applicant: Snell & Wilmer L.L.P.

Transcription

1 In Re: BCE WEST, L.P., et al., SUMMARY SHEET Proceedings Under Chapter Case No. B--ECF-CGC EID: - Debtors. (Case Nos. --ECF-CGC through -0-ECF-CGC) (Jointly Administered) FIFTH AND FINAL INTERIM APPLICATION FOR APPROVAL OF FEES AND COSTS FOR SERVICES RENDERED BY SNELL & WILMER L.L.P. FOR THE PERIOD OF FEBRUARY 1, 00 THROUGH MAY, 00 Fees Previously Requested $,0.0 Name of Applicant: L.L.P. Fees Previously Awarded $,0.0 Role in Case: Local counsel for Official Unsecured Creditors Committee Expenses Previously Requested $,0. Current Application: 0/1/00 through 0//00 (Final) Expenses Previously Awarded $,0. Fees Requested: $,.00 Retainer Paid $None Expenses Requested : $,.1* Total Requested: $0,.1* NAME OF PROFESSIONAL/ PARAPROFESSIONAL YEAR ADMITTED TO PRACTICE HOURS BILLED/ CURRENT APPLICATION RATE TOTAL FOR APPLICATION PARTNER DANIEL J. McAULIFFE $.00 PARTNER DONALD L. GAFFNEY 1..00,0.00 PARTNER ROBERT R. KINAS ASSOCIATE LORI SCHMIG ASSOCIATE ROBERT C. DAUM..00 1,0.0 ASSOCIATE JOE STROUD III..00,.00 PARALEGAL UTE-KARIN REDING..00,.0 TOTAL. $,.00 TOTAL BLENDED HOURLY RATE: $.0 (Excluding Paraprofessionals) * These totals do not include $. for Federal Express charge which appeared in our May fee statement but was incurred after May, 00

2 Donald L. Gaffney (#00) Christopher H. Bayley (#0) Lori A. Schmig (#0) SNELL & WILMER L.L.P. One Arizona Center Phoenix, Arizona (t) 0/- (f) 0/-00 Internet: Attorneys for Official Unsecured Creditors Committee In Re: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA Proceedings Under Chapter BCE WEST, L.P., et al., EID: - Debtors. Case No. B--ECF-CGC (Case Nos. --ECF-CGC through -0-ECF-CGC) (Jointly Administered) FIFTH AND FINAL INTERIM APPLICATION FOR APPROVAL OF FEES AND COSTS FOR SERVICES RENDERED BY SNELL & WILMER L.L.P. FOR THE PERIOD OF FEBRUARY 1, 00 THROUGH MAY, 00; DECLARATION OF DONALD L. GAFFNEY L.L.P. ( or Applicant ), local counsel for the Official Unsecured Creditors Committee ( Committee ), applies to the Court pursuant to U.S.C. 0 and 1 and to this Court s Order Establishing Procedures for Interim Compensation and Reimbursement of Professionals dated October,, for an order approving and allowing its Fifth And Final Interim Application For Approval of Fees and Costs for Services Rendered by for the Period of February 1, 00 Through May, 00 ( Final Interim Application ) as an administrative expense of the bankruptcy estate. - -

3 1 I. INTRODUCTION Applicant is a law partnership with offices in Phoenix and Tucson, Arizona; Irvine, California; Salt Lake City, Utah; and Denver, Colorado. All attorneys who appear in this case are duly licensed to practice in the State of Arizona and various United States District Courts. Applicant specializes, in part, in insolvency, bankruptcy, and corporate reorganization matters, and is well qualified and experienced to have performed services in this case. II. BACKGROUND On October,, the Debtors filed their Voluntary Petitions under U.S.C. 01 in Case Nos. --PHX-CGC through -0-PHX-CGC. On October,, this Court entered its Order granting joint administration of the Debtor cases. On October,, the United States Trustee appointed certain unsecured creditors to the Joint Committee of Unsecured Creditors. The Committee applied to the Court for employment of as local counsel to the Official Unsecured Creditors Committee. On October,, this Court entered its Order Approving Application to Employ Snell & Wilmer, L.L.P. as Local Counsel to the Official Unsecured Creditors Committee nunc pro tunc as of October,. To date, has filed four Interim Applications, as listed below, and has been reimbursed in full by the Debtors for the fees and costs incurred during those Interim Fee Periods. This is s Final Interim Application in this case. 1 1 DATE FEES COSTS 0// $,01.00 $,1. 0// $,.00 $1,001.0 // $,0.0 $,. 0//00 $,.00 $1,00.0 This application complies with the United States Trustee s Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under.U.S.C. 0, dated January 0, ( Trustee s Guidelines ). - -

4 1 III. DESCRIPTION OF SERVICES RENDERED Applicant is requesting approval from the Court for payment of the fees and costs it has incurred during the period February 1, 00, through May, 00 ( Application Period ), in the amounts of $,.00 and $,.1, respectively. In support of its Final Interim Application,, in compliance with the Trustee s Guidelines, submits its Summary Sheet and its separate billing statements for work performed and for costs incurred during this Application Period, marked Exhibits A through D, respectively and incorporated herein by this reference. The billing statements set forth in detail the time spent and the precise professional services rendered by Applicant during this Application Period. The billing statements are divided into several categories (following the United States Trustee s Guidelines) which depict separate, significant matters for which Applicant has provided services to the Committee. a. Legal Research (1) During this Application Period, Applicant researched th Circuit case law re Bankruptcy Court s jurisdiction to permit the discharge of liabilities of non-debtors, attorneyclient privilege issues, and issues raised by sale involving bid collusion. TIMEKEEPER HOURS RATE AMOUNT Robert K. Kinas (ROK) $.00 Robert Daum (RCD)..00 1,0.0 Joe Stroud III (JSS) TOTAL. $,0.0 b. Discovery (0) During this Application Period, Applicant prepared for and attended various hearings dealing with document production issues, prepared for and attended document reviews, - -

5 and review and preparation of various motions regarding discovery issues. TIMEKEEPER HOURS RATE AMOUNT Daniel McAuliffe (DJM) $.00 Donald L. Gaffney (DLG)..00,.00 TOTAL. $,.00 c. Case Administration (0) During this Application Period, Applicant reviewed and analyzed pleadings, including orders, motions and objections thereto. Applicant prepared for and attended monthly court hearings, responded to phone calls from creditors and consulted and coordinated with lead Committee counsel regarding status of case. TIMEKEEPER HOURS RATE AMOUNT Donald L. Gaffney (DLG)..00 $,.00 Ute-Karin Reding (UKR)..00 1,.0 TOTAL. $,.0 d. Meeting of Creditors (1) During this Application Period, Applicant prepared for and participated telephonically in Committee meetings; and consulted and coordinated with lead Committee counsel re Committee matters. TIMEKEEPER HOURS RATE AMOUNT Donald L. Gaffney (DLG)..00 $,.00 TOTAL. $,

6 e. Plan and Disclosure Statement () During this Application Period, Applicant prepared for and attended settlement and confirmation hearings, reviewed objections to the Plan and Disclosure Statement, reviewed McDonald s documents and issues relating to same, and conducted numerous telephone conferences. TIMEKEEPER HOURS RATE AMOUNT Donald L. Gaffney (DLG)..00 $, Joe Stroud III (JSS)..00,.0 TOTAL 1. $1,.0 f. Litigation (0) During this Application Period, Applicant reviewed correspondence regarding Joint Pretrial provisions, prepared subpoenas, and prepared memorandum regarding resolution to McDonald s request for protective order. TIMEKEEPER HOURS RATE AMOUNT Donald L. Gaffney (DLG) $.00 Joe Stroud III (JSS) Ute-Karin Reding (UKR) TOTAL. $.00 g. Claims Administration and Objections (0) During this Application Period, Applicant reviewed and responded to various claim inquiries. - -

7 TIMEKEEPER HOURS RATE AMOUNT Donald L. Gaffney (DLG) $.00 TOTAL 0. $.00 h. Fee/Employment Applications () During this Application Period, Applicant prepared monthly fee and cost statements; prepared Fourth Interim Fee Application and proposed order; and reviewed correspondence regarding fee applications and monthly statements of case professionals. TIMEKEEPER HOURS RATE AMOUNT Donald L. Gaffney (DLG) $.00 Lori Schmig (LRS) Ute-Karin Reding (UKR)..00 1,.0 TOTAL. $1,.0 SUMMARY The Applicant expended. hours on behalf of the Committee for this Application Period. The total amount for legal services rendered for this period is $,.00. The average blended hourly rate is $.. A summary of totals for each categories is provided below: CATEGORY TOTAL HOURS TOTAL FEES BLENDED RATE Legal Research (1).,0.0. Discovery (0).,.00. Case Administration (0).,.0. Meeting of Creditors (1)., Plan/Disclosure Statement () 1. 1,

8 Litigation (0)..00. Claims Administration/Objection (0) Fee/Employment Applications (). 1,.0.0 TOTAL. $,.00 $. Below follows a summary of the total amount of hours expended by each timekeeper, his/her hourly rate and the amount of legal fees: TIMEKEEPER HOURS RATE AMOUNT Daniel J. McAuliffe (DJM) $.00 Donald L. Gaffney (DLG) 1..00,0.00 Robert R. Kinas (ROK) Lori Schmig (LRS) Robert C. Daum (RCD)..00 1,0.0 Joe Stroud III (JSS)..00,.00 Ute-Karin Reding (UKR)..00,.0 TOTAL. $,.00 The hourly rates are based on the customary compensation charged by comparably skilled practitioners and paraprofessionals in cases other than cases under Title. The services rendered by have not been duplicative of services rendered by other professionals employed or compensated by the estate and have been to the benefit of the estate. IV. DESCRIPTION OF EXPENSES INCURRED With respect to the expenses incurred on behalf of the Committee for which reimbursement is sought, all such expenses are charged to all of the Applicant s clients, whether Debtor, creditor, trustee, or non-bankruptcy related. Applicant, in the ordinary course of its - -

9 practice, maintains the following records of expenses incurred on behalf of its clients: (a) Photocopying: Applicant contracts with Bowne Business Services ( Bowne ), an outside service, to perform photocopying functions on Applicant s premises. Bowne owns and maintains all the photocopying and related equipment, and employs the staff who perform the services. On each occasion when photocopying is performed internally, the client for whom copies are made is charged at the rate of $. per page. Those charges are computed daily and input into Applicant s computer system. In situations where hundreds of copies are required, and time permits, Applicant has the documents copied by an independent service, off the premises, at a cost of less than $. per page. The cost of photocopying by an outside service is passed directly to the client. (b) Facsimile: As with (a) above, Bowne owns and maintains all of the facsimile equipment. The same staff members who are responsible for photocopying are also responsible for sending and receiving facsimiles. On each occasion when facsimiles are either sent or received, Applicant is charged $1.00. (c) Messenger Service and Federal Express: Services for the above-mentioned are charged to the client only upon receipt of billing from the respective service. (d) Computer Research: Charges for computer research are passed directly to the client. (e) Long Distance Telephone Charges: Records of long-distance telephone calls are created in a cost recovery system which includes the date of the call, the telephone number reached, the client to be charged for the call, and the attorney or paralegal making the call. - -

10 (f) Postage: Postage is charged to clients only when multiple envelopes are being mailed at a single time. A cost recovery system in the Applicant s mail room records the client file number and amount to be charged. These charges are then recorded on the client account ledger. (g) Travel: Mileage is charged to the client and reimbursed to the attorney or paralegal at the rate of $. per mile. Parking charges, train, and/or airline fares are passed directly to the client at Applicant s cost. Applicant, in the normal course of its business, produces, from the records described above, computer printouts listing the expenses incurred by Applicant s clients. Applicant s expenses can be located on the last pages of the respective billing statements, which are attached hereto as Exhibits A through D. Such out-of-pocket costs expended by Applicant in the representation of the Committee during the period of February 1, 00, through May, 00, total $,.1. TYPE OF COST/EXPENSES AMOUNT In-house duplicating $,.0 Long distance phone calls.0 Fax charges 0.00 Courier Service/Document transmittal 1,. Postage. Business Meeting Expense Parking. Westlaw Research 1,0.00 TOTAL $,.1 - -

11 V. BENEFIT TO THE ESTATE Applicant has served as local counsel to the Official Unsecured Creditors Committee ( Committee ) appointed by the office of the United States Trustee. Applicant assists the Committee in providing analyses and counsel regarding local and district court procedures and substituting for the primary Committee counsel on occasion when more cost effective or necessary due to scheduling conflicts. VI. LAW Section 1 of the Bankruptcy Code explicitly authorizes the allowance of interim compensation and reimbursement for expenses. Section 1 provides, in part, as follows: A trustee, an examiner, a debtor s attorney, or any professional person employed under section or of this title may apply to the court not more than once every 1 days after an order for relief in a case under this title, or more often if the court permits, for such compensation for services rendered before the date of such an application or reimbursement for expenses incurred before such date as is provided under section 0 of this title. After notice and hearing, the court may allow and disburse to such applicant such compensation for reimbursement. Section 0 of the Bankruptcy Code provides that the court may award to a professional person employed under Section of the Bankruptcy Code reasonable compensation for actual, necessary services rendered by the professional person, based on the time, the nature, the extent and the value of such services, and the cost of comparable services to a non-debtor, as well as reimbursement of the actual, necessary expenses expended by the professional person. Applicant has requested compensation for time spent in the preparation of portions of this application for fees. In In re Nucorp Energy, Inc., F.d, (th Cir. ), the Court found that bankruptcy counsel should be compensated for the services relating to fee application preparation. The court stated: - -

12 1 There is even more reason to compensate attorneys for services related to fee application preparation in bankruptcy proceedings than in any other statutory fee cases. Bankruptcy counsel devotes substantially more time and effort to the preparation of fee applications than do attorneys who receive compensation for comparable services pursuant to other statutory fee award provisions. The fee applications required of counsel by the Bankruptcy Court generally are much more detailed and time consuming than are the fee applications submitted in other types of cases... The preparation and presentation of the detailed fee application required by the Bankruptcy court necessarily involves substantial investments of time and effort from both counsel and their staffs. To require counsel to devote considerable time to the preparation of fee applications, but to demand that they absorb the substantial cost associated therewith, would be to ignore the direct mandate of Section 0 (a) that reasonable compensation be provided for actual, necessary services rendered by bankruptcy counsel... The detailed fee application enables the bankruptcy court to fulfill its obligations to examine carefully the requested compensation in order to insure that the claimed expenses are justified... We hold that the bankruptcy counsel are entitled to compensation for the time and effort spent in preparing fee applications. In re Nucorp, F.d,,, (). VII. CONCLUSION respectfully submits that all services rendered in this case have been at the request of the Committee and have been in all respects reasonable and necessary and beneficial to the Committee and the creditors of the estate. No agreement has been made and no understanding exists for any division of the compensation requested by the Final Application between and any other person. WHEREFORE, respectfully requests that this Court enter its Order as follows: 1. Allowing compensation to for attorneys fees in the amount of $,.00 and costs in the amount of $,.1, for a total award of $0,.1, for - -

13 1 the period February 1, 00 through May, 00;. Authorizing the Debtors to pay to compensation for attorneys fees in the amount of $,.00 and costs in the amount of $,.1, for a total award of $0,.1; and. Granting Applicant such other and further relief as may be just and appropriate under the circumstances of this case. RESPECTFULLY SUBMITTED, this day of July, 00. Copy of the foregoing served by U.S. Mail and/or electronic notification this day of July 00, to: Jeffrey C. Krause AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. Century Park East, Suite 00 Los Angeles, CA 00 Gerald K. Smith LEWIS AND ROCA LLP 0 North Central Avenue Phoenix, Arizona 00- SNELL & WILMER L.L.P. By: /s/ Donald L. Gaffney #00 Donald L. Gaffney Lori A. Schmig One Arizona Center Attorneys for the Official Unsecured Creditors Committee Richard J. Cuellar OFFICE OF THE U.S. TRUSTEE N. Central Avenue, th Floor Phoenix, AZ 0 - -

14 1 Mr. Michael Daigle General Counsel BOSTON CHICKEN, INC. 1 Denver West Parkway P.O. Box 0 Golden, CO Debtor Jan Sahgal, Esq. AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P. Louisiana, Suite 00 Houston, TX 00 Attorneys for Debtor Richard F. Casher BINGHAM DANA LLP One State Street Hartford, CT 0- Attorneys for Unsecured Creditors Committee /s/ Koren Lyons

15 IDENTIFICATION OF TIMEKEEPERS DJM DLG ROK LRS Daniel J. McAuliffe, partner of LLP, Commercial Litigation Section, practice concentrates primarily on complex commercial litigation matters; admitted to the bar in 0. Mr. McAuliffe s current hourly rate is $0.00 Donald L. Gaffney, partner of L.L.P., Bankruptcy/Insolvency Section; practice concentrates primarily on creditor representation and litigation; admitted to the bar in. Mr. Gaffney s current hourly rate is $.00. Robert R. Kinas, partner of L.L.P. Bankruptcy/Insolvency Section; practice concentrates primarily on bankruptcy; admitted to the bar in 0. Mr. Kinas current hourly rate is $0.00. Lori A Schmig, associate of LLP, Bankruptcy/Insolvency Section; practice concentrates primarily on bankruptcy; admitted to the bar in. Ms. Schmig s current hourly rate is $0.00. RCD Robert C. Daum, associate of LLP,; admitted to the bar in. Mr. Daum s current hourly rate is $.00. JSS UKR Joe Stroud III, associate of LLP, Bankruptcy/Insolvency Section; practice concentrates primarily on bankruptcy; admitted to the bar in. Mr. Stroud s current hourly rate is $.00. Ute-Karin Reding, paralegal of L.L.P., Bankruptcy/Insolvency Section; specializes in bankruptcy and litigation. Ms. Reding s current hourly rate is $

16 1 I, DONALD L. GAFFNEY, declare: 1. I am a partner of the law firm of L.L.P. ( Applicant ), attorneys for The Official Unsecured Creditors Committee ( Committee ). The matters stated herein are within my personal knowledge and belief and, if called as a witness, I could and would competently testify as to the facts stated herein.. I am licensed to practice in all courts of the State of Arizona.. I am the responsible and billing attorney for the Committee in this proceeding.. Listed below is a breakdown of the hours expended by each attorney or paraprofessional who worked on this case, the hourly rate billed by such person, and their respective area(s) of practice or specialization: Daniel J McAuliffe Partner of L.L.P.; admitted to practice in 0; specializing in litigation. 0. hours. Billable rate: $0.00 per hour. Donald L Gaffney Partner of L.L.P.; admitted to practice in, specializing in bankruptcy. 1. hours. Billable rate: $.00 per hour. Robert R. Kinas -- Partner of L.L.P.; admitted to practice in 0; specializing in bankruptcy.. hours. Billable rate: $0.00 per hour. Lori A. Schmig -- Associate of L.L.P.; admitted to practice in ; specializing in bankruptcy. 0. hours. Billable rate: $0.00 per hour. Robert C. Daum Associate of L.L.P.; admitted to practice in, specializing in litigation.. hours. Billable rate: $.00 per hour. Joe Stroud III Associate of L.L.P.; admitted to practice in, specializing in bankruptcy.. hours. Billable rate: $.00 per hour. Ute-Karin Reding Paralegal of L.L.P.;. hours. Billable rate: $.00 per hour.. From February 1, 00 through May, 00, Applicant logged a - -

17 1 total of. hours in representing the Committee. The blended hourly rate for professional services performed by the attorneys paraprofessionals working on this case is $... Attached hereto as Exhibits A through D are the billing statements of Applicant concerning its representation of the Committee in this bankruptcy proceeding. The billing statements are set forth under reference File no , tasks 1, 0, 0, 1,, 0, 0, and and include services rendered from February 1, 00 through May, 00.. The billing statements are prepared and forwarded to clients in the ordinary course of practice by L.L.P. Time records prepared by the attorneys and paraprofessionals by L.L.P. reflect one-tenth of an hour as the minimum charge for work performed by the attorneys and paraprofessionals. Additionally, it is Applicant s practice to require its clients to reimburse Applicant for long distance telephone charges, mileage at the rate of $. per mile, parking, Federal Express, messengers, postage, photocopying at the rate of $. per page, computer research and facsimile at the rate of $1.00 per page.. Out-of-pocket expenses in this matter are also listed in Exhibits A through D.. It is respectfully submitted that considering the time spent on this matter, and the fact that Applicant s charges are well in line with comparable law firms, this request for Applicant s award of attorneys' fees and costs is justified and should be allowed in full.. All of the services for which compensation is sought by Snell & Wilmer LLP were performed for and on behalf of the Committee and not on behalf of any other person. - -

18 . No agreement or understanding exists between LLP and any other entity for the sharing of compensation received or to be received for services rendered in or in connection with these cases. From February 1, 00 through and including May, 00, the total amount of fees incurred by Applicant was $,.00 and the total amount of costs incurred was $,.1, for a total amount of $0,.1. I declare under penalty of perjury that the foregoing is true and correct. Executed this day of July, 00. Donald L. Gaffney - -